JUDGMENT :

MALASRI NANDI, J.

1. Heard Mr. M.H. Choudhury, learned counsel appearing for the appellants. Also heard Mr. P.S. Lahkar, learned Additional Public Prosecutor for the State of Assam.

2. Both the appeals being Criminal Appeal No. 314 of 13 and Criminal Appeal No. 315 of 2013, filed by the appellants, which arose in the same set of incident and on same Judgment dated 20.09.2013 passed by learned Sessions Judge, Nagaon, in Sessions Case No. 72 (N)/2005, are being taken up together for disposal, whereby the accused appellants were convicted under Sections 148/326/149 IPC and sentenced to undergo RI for 1 year each and also to pay fine of Rs. 2000/- each in default RI for two months, for the offence under Section 148 IPC and for the offence under Section 326/149 IPC, the accused appellants were sentenced to undergo RI for 3 years and to pay a fine of Rs. 5,000/- each, in default RI for 6 months each.

3. The brief facts of the case what emerges from the FIR is that one Saiful Islam lodged an FIR on 22.06.2004, before the I/C Sutirpar Outpost under Juria Police Station, stating inter alia that on 21.06.2004, at about 07:30 am, while his father Nur Hussain was working in his paddy field, one Akbar Ali called his father for some discussion. Accordingly, as per order of accused No. 1, Abdul Jalil, the other accused persons, namely, Sahar Ali, Baharul Islam, Johirul Islam, Mujaharul Islam, Abul Hussain, and Fakaruddin started to assault his father. Having heard hue and cry, he went to the spot and found that his father was being assaulted by the aforesaid accused appellants. When he raised alarm, the accused persons while tried to attack him, he left the place. Due to the alleged assault, the left hand of his father had been severed below wrist.

4. On receipt of the complaint, one GD Entry was recorded vide Sutirpar P.P. G.D.E. No. 321, dated 21.06.2004 and forwarded to the OC, Juria Police Station for registration of the case and accordingly, a case was registered vide Juria PS Case No. 127 of 2004 under Sections 147/148/447/326/307 IPC and the investigation has been commenced. During investigation, the Investigating Officer has visited the place of occurrence, recorded the statements of witnesses, prepared the sketch map of the place of occurrence and after completion of investigation, submitted charge sheet against the accused persons under Section 147/148/326/307/149 IPC. As the offence under Section 307 IPC is exclusively triable by the Court of Sessions, the case has been committed accordingly,

5. During trial, on appearance of the accused appellants before the Court of Sessions, charge was framed under Sections 147/148/326/307/149 IPC, which was read over and explained to the accused appellants to which they pleaded not guilty and came to be tried.

6. To prove the guilt of the accused, five witnesses were examined by the prosecution, including the Medical Officer and Investigating Officer. After completion of trial, the statements of the accused appellants were recorded under Section 313 Cr.P.C. wherein the incriminating materials found in the evidence of the witnesses against the accused/appellants were put to them, to which they denied the same. After hearing the arguments, advanced by the learned counsel for the parties, the learned trial Court had convicted the accused appellants as aforesaid.

7. Being highly aggrieved and dissatisfied with the aforesaid judgment of conviction, the appellants have preferred this appeal.

8. Learned counsel for the appellants has argued that there are lots of contradictions in the evidence of witnesses. According to the injured PW-1, he was assaulted by the accused appellant, Sahar Ali, but PW-2 has added in his evidence that accused Baharul assaulted PW-1 with ‘Ramdao’ and accused appellants Fakaruddin, Mujaharul and Johirul also assaulted PW-1 with pointed iron weapon. Hence, the impugned Judgment has not been properly appreciated by the learned trial Court which is liable to be set aside.

9.